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Vol. 17 No. 6 July 15, 1994 Price RS.10.
ΡΟΙ
WAR AN DO ED ET ENCE
BUDIDHIST
( S.L.F.P's FOR
CVL
12 Questions t
MUSLIMS : An in ViS
STATE TERR
FOOTBALL WAR
ARTHUR CILA
JAN TINBERGEN — Mart
O Human Rights
 

DAN
OO Registered at GPO, Sri Lanka QD/33/NEWS/94
LLS
D PEACE
SPENDO ING
OPINION
O EIGIN POLICY
RGHTS
o Parties - c.R.M.
ible minority ?
-(zeth Hussain OR - Javantha Somasundaram
S - Bill Buford
ARKE — Jean claude-Buhrer
77 M/o/f
O South Asian Media

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SyOU
t
 

동 s

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ABAFWEFLY. . .
A mandate to scrap Presidency
If the SLFP led People's AlliaCE WİS the General Electior.S 0 August 16 the Executive Presidency is likely to be scrapped. The PA will ask the people foramandateto do this with a simple majority in parliament. Some constitutional experts believe that this could be done.
A PA victory at next month's elections and a scrapping of the powerful Executive Presidency Would also mean that there Would be no presidential election in NoWember as Scheduled now. The presidency will be converted to a ceremonial ore, with the President nominated by the Prime Minister.
They both pledge half-million
Mr Thondaman, the powerful trade union boss Who is also a cabinet minister, has pledged half a million votes for the UNP at the August 16 General Elections.
So has the Muslim Congress leader Mr Ashraff-but his promised half million votes will go to the SLFP led People's Alliance. "We shall topple the UNP", heannounced after signing what is now known as the Chandrika (Bandaranaike) - Ashraf pact.
Stop it, says TULF
M. Sivasithamparam, leader of the TOderate TaThil Jlited Liberation Front (TULF) has petitioned the Court of Appeal to prohibit the
Commissioner ( receiviпg попni Jaffna District for
Theral ElectiÒS.
The TULF has
that the Gower of notore than
Jaffna electoral C free and fair elect
rebe held.
Betrayal, s
Deciding to g August General leader Dinesh G
accused PA lead
daralaik Of EO ples. At a press wing the break ( talkS Mr Gunaw
even the Wishes
Barıdaramaike hı; rded by daughte
The PA, said appeared to b issues. Among t rger of the North shing of the Prov mixed economy
орепесопопу.
UNP disap C
Fill CitOT SE has quit the UNP ited Tan". The had donevery lit industry, the actic пot support апy ||
A Warning a
PrOThiert TC
ddhist leaders;
government as W.

if Elections from
lations for the ExtTooth'S GE
saidin its petition TenthaS COr trol 20 percent of the listrict and that lo ion could therefo
ays Dinesh
o it alone at the
Elections, MEP unawardene has
e Claridrika Baetrayal of princiConference folloown of PA-MEP
arde a said that
of MfS SrifTäWO ad been disregar Chandrika.
the MEP leader, e avoiding wital hem: the de-me
Il and East, aboliincial Councils, a
in place of the
points film tOT
inath GUrnatilake
"a very disappoiUNP government Ele to help the film said. But he will other party.
gainst deals
Inks and lay BuaWe Warned both well as opposition
leaders not to give in to "unfair demands" made by minority groups on the eve of elections. Such opportunistic agreements in the past hawe ultimately had an adverse effect on the Sinhala interests, they have said.
The jointletterto President Wijetunga and Opposition Leader SirimawO Bandaranaike has been signed by Well known NayakeTheras, including Madihe Pannasiha Maha Nayake Thera, and lay Buddhist leaders including Gamani Jayasuriya, President of the Maha Bodhi Society, and Dudley Gunasekera, President of the All Ceylon Buddhist Congress.
GUARDIAN
Wol. 17 No. 6 July 15, 1994
Price RS. TO.DO
Published fortnightly by Lanka Guardian Publishing Co. Ltd. No. 246, Union Place Colombo - 2.
Editor Mervyn de Silva Telephone: 447584
Printed by Ananda Press 825, Sir Ratnajothi Saravanamuttu Mawatha, Colombo 13. Telephone: 435975
CONTENTS
News Background The SLFP Foreign
Policy Statement 3 Civil Rights Twenty Fifth Hour-III 7 Media O Arthur C. Clarke 2 Reflections Om arm lmwlsible
Minority 13 Human Rights 15 Sports TE
Correspondence 20

Page 4
WEMW3S,AEACAK GAFOUVWAD)
THE ETHNIC
Mervyn de Silva
he election campaign, it is widely
agreed, is dominated by two large issues: the ETHNIC and the ECONOMIC. The first amendment to that was introduced by Dr. Lal Jayawardene, the former director of the Helsinki-based, Wider and "shadow"Finance Minister, of the SLFP-led Peoples' Alliance. Though he ran into some trouble when he spoke of "private" universities in an interview, Dr. Jayawardene's argument may be summed up in two words now quite familiar in the ever-expanding vocabulary of "conflict-resolution" studies- the peace dividend. He had in fact dwelt on this matter at fair length in his BCIS Convocation Address last yeaГ.
The defence budget has soared to 20 billion (and rising). A negotiated settlement of the conflict, and an end to the war against the separatist Eelam "Tigers" would allow the government to divert these large resources to economic development which in turn Would create jobs, a major cause of youth unrest and rebellion. Twice in the past two decades, armed youth revolts had swept the Sinhala south. The first such revolt was a direct challenge to the SLFP-led United Front administration of 1970. The Tamil Tigers' had taken to guerrilla warfare in the next decade. Now it was a full-blown secessionist insurgency which has sent Sri Lanka deferice Vote soaring. A negotiated peace would see the writ of Colombo run throughout a united Sri Lanka.
The international community would welcome such a step. So would our huge neighbour India which is now nervous about the impact of the armed Tamil revolt on its own large southern state Tamilnadu. The aid agencies as well as private investors would welcome such an initiative, certainly those European countries, Canada and Australia, that are reluctant hosts to thousands of Tamil refugee families. Apart from the burden on the Treasury, these refugees have become a fairly serious social problem wherever they have settled in large numbers. If peace and order prevail in the North, many of these families could be persuaded to return to Jafna.
20-20 WISION
TheretLIITTI and re-Settle Tet Of these rafugees would of course cost money but the governments of these countries would be only too happy to cover the cost of the exercise, and probably reward Sri Lankatoo.
Western goodwill and largesse apart, the
ECON
Lal Jayawardene th B.C.I.S. Convocatior mber was a follow-up popularly called the nors, bilateral or mult 20% of their aid for pment needs as the q ping countries allocati to these Sale needs. basic education, lowrtan Water supply an tion support.
The 20-2O Vision сопраct,
Right now Sri Lank these needs whereas 15%. On the War. Thiss also argues for a do Tent as a reWardo and foreign aid i.e. an every dollar saved fro
EDWTOFAA. O.
Don't dodg
On the economy The open market а пnajor deviatioп their opponents as market economy the face of Sri Lan economy can also net of social Welfa I Welfare measures utility Services wl of life for her peop
It will be in the have to concretely Presidency? Will be a reversion to til noises on this sco to dismantling the te and strengther Leviathan state. rights which have PA for example h while talking of a suitable condition and the three ra Corporation, RupE
It it also desira theirsolution tot What degree of di there be a merger to the Provincial consensus betwee country's very fată

OMIC IN COMMAND
siis presented in his
Address last Decaothe UNICEF project 20-20 WISION". Dolateral, should pledge riority human develoWalayo quo for dewelong 20% of theirbudget -primary healthcare, cost rural and peri-u- | sanitation; and nutri
Would be a global
a commits only 8% to it spends more than arme school of thought lar-to-dollar arrangelinking disarmament extra dollar in aid for narms budget.
WAR AND PEACE
As the election campaign gets underway, I don't expect the Wijetunge government to adopta"PEACENOW"or"PEACEINOUR TIME" line. On the countrary, it may be tempted to take a tough line on the war in the belief that Sinhala-Buddhist militancy will winmore wotes than the case fora negotiated settlement. Judging from past exрагіепсе, the party that adopts the "tougher" Sinhala-Buddhist "no negotiations-with-the-terrorists" line believes it can Crowd its rival. That's how the debate has gone in the past. letus See What happens this tine,
And in that connection, think that Mr. Dinesh Gunawardena's indignant outburst, righteous too, could be a pointer. It would be like father-like son, typically Phillip. At least down the Colobno-AWissa Wella road, it could present someproblems for the Peoples Alliance.
PWOW
e vital issues
"there seems to be broad agreement between the two parties. economy will continue. For the People's Alliance this has been from its past policies. And no doubt the UNP will crow about :cepting their policy. There will be little dispute that the open lid release economic forces which have significantly changed sia. But what must not beforgotten is that an unbridled market throw up problems of social dislocation which call for a safety e measures. Sri Lanka cannot afford to abdicate from its social in the fields of education and medicine and some of the major ich in the past have contributed to a high physical quality
le.
political and social arena that the two major formations will spell out their policies. For example what of the Executive he Gaullist Constitution be dismantled and if so will there Le Westminster system? Even the UNP has been making some re, while the Pople's Alliance has expressed its commitment Executive Presidency. Asimportant are measures to consolida
civil society which has often suffered at the hands of the What measures will be taken to give back to the people their become eroded by the all-powerful Executive Presidency? The is issued a wide-ranging policy statement on the media but balance between private and public ownership as the most as failed to specifically spellout howit will handle Lake House lio and television monoliths, the Sri Lanka Broadcasting
Wahini and ITN.
lc that the two parties spell out in the most concrete terms Le ethnic problem which has been bleeding the country dry. volution will be granted to the North and the East and will of the two provinces? What is the attitude of the two parties Council in the rest of the country? Ideally there should be a
the two parties on this most crucial of issues on which the
will hinge.
- Swaday Eskana

Page 5
Order and Disorder
When they get back to Colombo, visitors to the northern peninsula, both Sri Lankan and foreign, report the ceremonial routine at the LTTE-controlled point of entry to the Jaffna peninsula. Foreigners and journalists, in particular, gwe you the "picture" in Tore wivid detail. What we gather from such reports is that an administrative system-police, customs, immigration, all the form-filling - is taking shape. At the Kachcheri where a senior Colombo-appointed civil servant presides, many of the routine duties are
performed by Tamils nOrmineeS Or arh:SWer
What We are obse is the scaffolding structure. Authority, flows from the barre ultimate analysis.
ColtraStittt) til city of Sri Lanka, W for Nortinations, Mrs. widow of Presider about to hand in her
"Lessons from Philippines - L.
Prof. EDO GTC
Professor Ed Garcia of the University of Philippines and author of several books and articles on theories and practice of Conflict resolution, as well the Philippino expērierīce with internal conflicts, presented a lecture entitled "Community-baSed Strategies for Conflict Resolution: Lessons for the Philippines". The talk was organized by the Centre for Policy Research and Analysis, which is affiliated to the University of Colombo. The talk took place at the Faculty of Law on June 4, 1994.
Professor Garcia, no stranger to Sri Lanka, has interacted with Sri Lankan academics as Well as human rights and political activists in Warious international fora, expressedanguish Over the unresoVed internal Conflict Tir Sri Larka. He further observed that being the "Election Year" in Sri Lanka, the conditions were favourable for a "bipartisan peace initatiwe". He, however, also cautioned against the tendency on the part of politicians to Se the "peace process" for marroW political ends.
Proceeding to the Philipinno Case. Ed Garciapointed out that more than 80,000 People had been killed in ethnic conflicts, 2s well as in relation to conflicts Overland. The advance made in resolving the inteTalconflict was primarily due to "Citizen Participation" in shaping events and in Eesting pressure on the State and Guerri
ES3 like.
Professor Garcia, whose specialty is ethodology of conflict resolution backed
bypracticalexрегіеп audiel CEP What he
Dozen" - O Refle components of confli
* Commitment to a
Solution.
Citizens participa nued vigilance th: re high on the nat
Recognizing the Tediation.
" Confidence-buildi in COfflict ard - S harness supportf
Searching for ac airedatowerCorm bia wis a wis Cach
" Defining the Cubs
* Identifying areas. fore proceeding te issues.
* TifT|G framt för
Conflict.
Monitoringinecha
Long-term Peace TITES.
" Looking for differe
Following the pres there was a lively disc audience which inclu dents, political activis

Who are either LTTE able to the LTTE.
arwing in other words of an administrative needless to add, el of a gun..... in the
escene in the capital hen on the last day 5. Hema Premadasa, st Premadasa, was nomination paper as
a candidate. She didn't. In an erotional Scene, she finally decided not to enter the Contest. It was the family that was deeply divided. It was division and discord in another even more important political family that led Mr S.W.R.D. Bandaranaike's Only son to quit the party that S.W.R.D. founded when he realised that D.S., the grand old man, was grooming his son Dudley. The discord in the UNITED National party mocks the name its founders Selected. Institutions are coming up in Jaffna; in Colombo, basic structures CruTable.
essons for Sri Lanka”
ce, placed before the terted his "Bakers tions on 12 essetial ict resolution:
I negotiated political
tion to ensure Contiat priority issues figuional agenda.
need for 3rd Party
ng between parties trong leadership to Or peace process.
Ceptable prOCeSSes ing mistrustandphoOther.
tantive issues.
of Cor Wergence, betackle Contentious
de-T:litarization of
nisms.
Education Progra
nt alter Tatiwes.
entation by Garcia, ussion amongst the ided academics, stu
Sandjurnālists.
SUBSCRIPTION RATES
Air Maill
Canada/U.S.A.
US$65/ for 1 year USS 45W for 6 months
事 率
U.K., Germany, New Zealand, Australia, Netherlands. Fra rice. Japan, Holland, Philippines, Austria, Norway, Sweden, China, Ireland, Switzerland, Nigeria, Belgium, Den Inark, PI is, Londor.
US$55W for 1 year USS35W for 6 Ilonths
Hong Kong, Saudi Arabia, Dubai, Baharin, Arabian Gulf, Syria, Singapore.
USS 45W for 1 year USS 25W for 6 months
India, Pakistan.
US$40/ for 1 year USS 22/ für 6 Imonthls
睦 ΣΕ
LOČal
Rs. 250/- for lyear R.S. 150/-for6 ITIOIl ths

Page 6
FOREIGN POLICY
Statement by the
1.
It is the SLFP's belief that the proper conduct of foreign relations requires
that 3 indispensable conditions be fulfilled:
(a) the foremost need is a coherent
policy
(b) the formulation and implementation of such apolicy entails reliance upon the machinery of a properly organised and run Foreign Ministry, Supported by correctly located and adequately staffed diplomatic Missions abOTOård;
(c) running that machinery and keeping it in good order require a systematically recruited, We|-trained and appropriately deployed professional Foreign Service.
The management of our foreign affairs during the 17-year period, now drawing to a close, by 3 succeSSiW UNP PresiderlStrid their respective Foreign Ministers, has been characterised by irrefutable failure to meet any of these conditions. The salient features of their failure are reflected in the following realities:
(a) the only discernible coherence in UNP foreign policy has been the self-evident willingness to Subserve external forces and interests which were agreeable to sustaining the UNP in power, regardless of the damage infliCted on national resources of Social Welfare ath OfTe.
(b) relations with India Were so atrociously mismanaged that, in the first place, Sri Lanka was reduced to the position of swearing an affidavit of good behaviour through the Jayawardene-Rajiv Gandhi exchange of letters which accompanied the Accord of July 1987 and, secondly, We were compelled to invit Indian armed forces to defend the territorial integrity of our country;
(c) having launched the process of South Asiam regional Cooperation (SAARC) in Colombo, We insulted Our partners by applying unilaterally for ASEAN membership,
(d) separation of the positions of Head of GowerTTEt and FOreign Minister by the UNP in 1977 led to atrophy of the Fo
reign Ministry's Working foreign ctive substitution Ssional Techani
(e) the professi reign Servi deid by SWamping of Kith-andruling party" by subormimi för Säke the TirTitlerit a re Ward of Ci based on poc terthal O
tiSUSeful reca Son and Contras the managemen previous SLFP :
(a) relations wit hadigd til mingly intra problem of recent dia ssfully resol'
CoreCe Lanka to be
of tE NO and to lost Colobo in
(c) our standing
community, Wher WE WE Security almost a by Sri Lankamp пеously helс ttedly prest rrational p0;
(i) Chairper: gned Mo' Thitյրl Pri ܒܕ Siririlavo (ii) Presider
ASSETE) the UNL гепсе:- 1 Shirley A (iii) Secretai ConferE Develop COirea
The SLFP will, Ce, repudiate th contradictions p policy and reWE папа9ement o which will be ty policy relating
(b)
)

SLFP
role in making and policy, Without effe1 of any other profeSt.
Omalism of the Foice was cynically in 2 ways, - first, g it with the induction kin and Cronies of WIPs and, secondly, g career officers to ir professional Cond integrity for the areer advanceTet olitical patromage ra
Terit.
by Way of Cor Tipariit, SOThe features of tofforeign affairsby iiSETEtiOS:
h India were So Well the CrLCiä ard Seectable post-colonial stateles persons of Drigin WESSLICCWed in 1974;
of policy enabled Sri a founder Tember Aligned Movement | its 5th SUITirmit in
1976;
in the international first evidentil 1950 reglected 10 the UN Council, became, word in 1976, wher
erSalīties Simultai the following admigious elective inteStS:
Son of the NOTI-AliWE TEl: The Minister - Mr S. Bandaranalike it of the UN General y and President of aw of the Sea Confe"le laté MIThbâSSadOf
Theresimghe ry-General of the UN Ce Or Trädde and Imerit: Dr. Gamani
When elected to offiincompetence and ervading the UNP's ert without delay to f our foreign affairs bified consistency of to national interest,
and reliance upon stable institutional arrangements and professional expertise. Some of the considerations Wolic Will inforIT the SLFP's programme of long awaited renewal in the field of foreign affairs are deli
eated below:-
The SLFP remains Convinced that 2 clusters of factors must underpin any realistic approach to foreign policy: first an appraisal of geo-political realities arising from our own location and standing; second, a clear world wiew: that is today, a perception of crucial driving forces in today's World, and a conception of where Sri Laska COLuld als ShÖlld stärd in relation thereto.
We are acutely conscious of the interdependent nature of security in the contemporary world and of the legitimaterational security concerns of sovereign states. The SLFP-led government will, therefore, actively Supportand encourage all efforts to resolve outstanding bilateral conflicts in the South Asian region which are consistent with the principle of national sovereignty and which rēCeiWe thė CÓnsēt arci support of the states involved. Our policies to promote nuclear non-proliferation in South Asia and to co-operate in joint Solutions to Common environmental problems, will be designed accordingly.
A CDTSpÎCu[]US CharaClETistic Of thB Curret international Scene is the emergence of economic and regional Communities. In the recent past, We have Seen WO dira Tlatic Thanifestations of this in the formation of NAFTA and APEC. Midful of the Constructive potential Ofth ESE deveopments, the SLFP declares itself un equivocaly Committed to SAARC and to augmenting its strength as an effective and dynamic instrument of regional Co-operation, in collaboration with our neighbours. We recognise the trend in international economic relations towards regional economic associations as valuable contributions to a prosperous World econostly, and will actively promote SAARC Tid the SCL ASi PT-ofrential Trading Area (SAPTA) in this context. Complementing our collectiwe emideawolurs in SAARC, the SLFP believes in exploiting fully our bilateral Economic relations With SAARC and Asian neighbours for mutual benefit.

Page 7
8. Recognising the enlarged role of the UN in containing tension and facilitating conflict resolution in the conteporary World, and acknowledging the importance of the organisation's activities respect being based on Solid consensus of its TeTiber states, the SLFP-led government wil give its wholehearted support to the activities of the UN, compatible With the principles of national sovereignty and sovereignequality of states. Moreover, convinced as we are that the strength and durability of his international COn Sensus and the effectiVBness of action based upon it will be enhanced by institutional refort of the UN, the SLFP government will support proposals designed to enrich the organisation's contribution to international peace and Security. This commitment extends to Support for plans to increase permament Thembership of the Security Council to include developing states and to make that body more truly representative of international opi
O.
9. Commensurate with Our COTThitment to improving and strengthening the human rights of all Sri Lakans which hawe been Cynically violated by s Luccessive UNP regimes, We Will Support allendeavours to protectand pror Tote human rights globally. An especially importanteleTigrit of Ur COr WictiÕ5 is that hurriär rights should encompass not only
civil and politica OTic and Soci suffered compe internationals position is that directed toward protection of h LII be treated as a any state or gro be founded on
nSenSUS. There adhere Cetoth in the Charter
10. In full recogпiti iltgrTlational tr: development: SLFP pledges ! attention to Sri | of the new Wor and associatei the initiatives Col Developing Sta ըf Third Worldi economy. The cal of the UNP lar lack Of CO( tions of the red guay Rouпd of and is cottitt Of B COПЕТЕПt | gy asапіпрог of our foreign of opinion that profile for Sri century, should priority in Ourf ԱEէ:
CWL RIGHTS: WHERE DO YOU STAND?
Guestions from
Political parties and candidates Seeking votes at the presidential and parliamentay elections should spell Out clearly and coherently their programmes om human rights. The Civil Rights Movement urges them to do this using the language of specific Commitment rather vague gene
aiSatir1.
As a preliminary step CRM, following its usual practice at election time, lists below a few questions. In Selecting them, CRM has limited itself to some simple issues which it considers relatively uncointroversial. It believes that political parties 2nd Candidates Cal als Werthese With a Tinist hurt of effort. We have not listed all of indeed even all the most important) undertakings CRMWould like to hear from those who seek the people's votes. CRM has exercised self restraint for practical reasons. The present aim is to obtain some commitments, even if they fall short of the ideal. We hope that other organisa
tions and individuals add to them. CRM aseparatesetofqшє rula, and possibly Col
|n SOTE CäSES, depend on factors Introl, Such as a SI majority, or action Such CaSES, Our quE rStOld': tÓraf WF everything withinyo the proposed mea CRM'S Wiew that til to maters of princ upheld by all politica are in power or not Very much appreciat you will promote the ther your party finds or opposition.
Question One
Will you bring SriL

Il rights but also ecoal rights which hawe trative neglect in the ystem. The SLFP's
interTlational action is the promotion and man rights should not | weapon or lever by up of states, but must a genuine global Comust be unrelenting eprinciples Spelt Out the United Nations.
of the Wital role of ade in our Country's and prosperity, the that it will pay special Lanka's membership dTrade Organisation tself strenuously with F the Group of Fifteen ates in the promoting interests in the global SLFP is strongly critigovernment's singu:ern with the implicaently concluded UruGAAT for Sri Lanka, d to the development bng-term trade stratetant and integral part policy. We are firmly an enhanced trading Lanka into the 21st be accorded explicit oreign policy objecti
11. The SLFP reiterates its policy co
2.
TTitrTient to the eradication of al forms of discrimination and injustice in international affairs, and pledges active support for efforts towards a just and peaceful international order. The Party also reaffirms its commitrTent to global disarmament and Sustainable develop tent.
We note with alarm and deep concern the partisan interference in Our Foreign Service by UNP governments and their extreme reluctance to reward merit and professionalisr ir the Service.The diSTal attit Lde forced upon the Foreign Ministry by UNP Presidents usurping the foreign policy function of government without recourse to any institutional support, and the devaluation of the professional Foreign Service brought about by the UNP's thinly weiled contempt for professionalism, perse in amy branchofstate Service, Will be reedied With determination by the SLFP. We will immediately undertake a threefold programThe in this regard: re-assigning to the Ministry its appropriate pivotal role in making and applying foreign policy; rationalising the location of our Missions abroad; and restoring order, coherence and method to the recruitrThért, Caréer advancerTheftard deployment of the professional ServiCE.
CRM
Will take ther up and lans to follow up with зstions oпепегgency ther subjects.
implementation may outside a party's coDecific parliamentary by the Executive. In Stion Should be undeNether you Would do Jrpower to implement sure. In event, it is ese questions relate ciple that should be parties whether they ... We Would therefore eyOur assurance that mirrespective of wheitself in government
anka'S a WirntO COfO
rinity with its international human rights obligations by making the necessaryamendments to the Constitution? In particular, will you amend the Constitution to
(a) reformulate the restrictions permi
tted on fundamental rights, and require that restrictions must be only those which are recessary in a democratic society?
(b) provide for the right to privacy? (c) provide for the right to life?
(d) provide due protection for aliens?
(e) repeal the provision that keeps
existing laws Walid even if they are contrary to fundamental rights?
Explanatory note. The provisions of our LLLCLLHH LS KaL L LLLLL LLLLLLLLDLLLLLLL legas Obliga fiors ir several importans respacts including those sisted above. These obligators were undertaken Eys when Wa
5

Page 8
LLLLLL LLL MLMLaLLML LLLGLGGGM LHH LLLLL and Politicas Rights in 1980, but We hawe defauled despita pointed comments of the Human Rights Committee of the UN which is cһагged wїїл попїїогїпg] солпр!їапсе Бу sigratories. As regards she rights of aliens, The Govenarit recognizes that they have 70 right of admission to a country, and that they may be admised subject to restrictors relafing to triployment, Wofing, etc. But other freedorris such as expressior ard associafor must be granted to thern. Sri Lanka's own large workforceabroad says a particular responsibility on Lis; see further Cuestion FiWeber o W.
Question TWO
Will you grant individuals the right to petition the Human Rights Committee of լիք Սիվ:
Explanatory note. Sri Lanka became a party to the International Coverlant on Civil and Political Rights in 1980. But it did not sig 7. The Opfiora/ Profaca/ to the Cowaniariť,
HLLGLLYLLLLTGLDLL LGGLLLtaL rights have begn violased to appsal to an Independert internasional fribral, när Tally fha Humar Fights Cornmsffee offhe United Nations, which is the body created by the Co Werarif foi rrorisor is irrip]serifērifa flor. Such appeals are possible only afterratorial LLLCLLLLLLL LCLL LCCLL LLLLLLLLS LL LaLLLLL LL no danger of frivolous petitions. Had Sri Larika saker) filis step, Mrs. Bardaranalike Cousid have appeased foi fhe HL77an PFights Committee on the deprivation of her civic rights.
Guestion Three
Will you grant individuals the right to petition the UNTorture Committee?
Explaпаfогу поfe. Sпї Lалka гаіїїed Ihe UN Cor. Wanfian against TorsLIre and other Crues Irhuman or Degradirig Treatment or Punish Tiant in January this year. But it failed formake te declarafias Lunder Articles 27 OLCLKLCLL LHGLLLCCuLLLLLLL MCHLHHLHHL tribunal sefupunder the Carverilion derileraïm complaints from of har sfases, parles cor from individuals. Here again individual CoTipants would be er eraired only asser GMHOMM LLGLLL MMLLLLLL LLLCCL LLLLLLCLLLLS LLLLLL fri"WOOLIS COTp/afrifs need of ble feared.
Question Four
Will you ratify the additional part of the Genewa Convention which deals Specifcally with protecting victims of internal armed conflict?
Explaлafогу поfe. We refег lo Addїїола! Protoco/ II. Sri Lārika has beer 7 ā party so LLLLCLLOCLLeCHGGLLLLLLLLuKLLLLLL mot ratified the Additional Profocal relafiring Po she profection of Wicfinns of nor inferra fidCC LLLLLCLOTL LCkL YLau LCCLL LL LLLLLaLLLL subsequently. This is particularly relevant in The light of the conflict in the North and East.
MorEvoWorträffffCaffa07 WM sit binding on the LT TE The LT TE any segal's has particularly import fection of the civilian
Guestion Five
Will you ratify the on migrant Workers &
Explaпafогу поfe We la Cor) World)" COF f Rights of AI Migrant W of their Families. This for Lis, Jr. wiew of the rafformās WTC Work äÉ Sarnï-5ki/Verdard L'r 15ki, yeas in the Middle Ea. wїїлfаггтоге аслІe p/ пfагеd by аҳраfгїаІas asses. This Corey we docurers, Weld hensive, dealing with protectіоп пеaded f "LrdocLared"Tiigi sar ses. V is assensia try to seek the widesp irTipo/emner) aficar coffis step is obviously for S
Question Six
Will you repeal the ndment) Act?
Explaлafогу поte.
ctions cor) seekirg cë lega/ remedies agar officers. If was passé of strong profess by h tions. Subsequent go по аfївгтрffо гврва! її
Question Sewel
Will you create machinery for the res of public servants reg Conditions of their er
Explanаtагу поle. . for the private sector Industrial DispaLifeSAC Se PLC 5917 п 1980 ware deprivat gency regulations Wif canvassing their gre Was better rider the during World War II. 7 Avoidance of Strikes of 1942 was Tada bi of Ceylon under the ngous) Regulations. W and lockouts in esser Consultad ribLras disputes. Proper pro grieg Warncs95 Eboy Stafe ?
rdLg in Sri Lanka.
Question Eight
Will you protect the

i/automatically make Without conferring on 'afus. This agreemers -סrprםs fחסVisiסpr!חa Population,
NEW UN COWEtio and their far Tilies?
refer to the Infamato
Pričar i Cos FC Workers and Merritors has special relevance
large number of our road, in particular the Ved Sri Larkan) er7 poloSI who are deri aced ObserTIs Thanary Coufrom the professional or is a very irripressLugh-OLJYard Corporerary aspects of the аг Бoth regular aпa än Workers airler | lia αμr gανEarriηΕΠ OSSiberalifjalori ard excellent treaty. A first rī Larka sefa rafiy
Interpretation (Ame
This Act placed restrirarr; Wel essablished st the acts of public
eace unan rights organisaerrer is a Warriage
Independent arbitral olution of grievances arding the terms and прloyment?
Such machinery exists (arbitration7 under s'ha t) but of for the public Is who war for strike j of their Jobs by errehout the opportunity of Wär ICES, TE SVALGEMČr) ČESKÉHO) The Esserra Services : arld LOCkOLIľs) Order y lhig British GalwgTitor, a Defence (MiscellaWhile prohibiting strikes la services. Ilé Order a) är frälse Ur råde ision for resis or of Imployees is sorg duwe
independence of the
judiciary by amending the Constitution so as to prevent Select Committees of Parlia
Tent examining the conduct of judges?
Exposar afory ofe. There hawe beer free occasions on which the conduct of judges hawe beer the subject of exar Tiraffon by LLaLLLLL LLLLHHLLLLLLL L LLLLLLLLMMGHLGLSSS CH LLYLL was ir relatior to theaterrupted remo wall fronTn office of Chilaf/Listice Me Wille Sarlaraktor.
LLLLLL LLLL LL LLL LLLLLLLLMLSS LLL it has happended. Therefore the Constitution should be arrierided to specifically preclude ії һадрепілg again. The гелтоva/дгоcadшга sificoused pro Wide for FPE fr7quiry fo be hGladby an independers judicial tribunal (as instance Lurder the Judges Irnquiry Act 1968 irn Iridia).
Guestion Nine
Will you free the Associated Newspapers of Ceylon Limited from government Control and implement the originally proclaimed intention of broadbasing its ownership?
Question Ter
Will you create independent radio and television authorities and hand over to them the present state controlled services?.
G|Le StiOTEleWen
In the interests of freedom of expression and information and the right to a fair trial by an independent tribunal, will you repeal the hasty 1978 arriendments to the law of parliamentary privilege?
Exposar a for y Tofe. If is mar nifesfly LansatisfaCfory thaf Parliannerf actif as Corri plainnant, prosecular and Judge. This was recognised when our law of parliamentary privilege was adopted by an ALL PARTY CONSENSUS in 1953. A hastyamendment rushed through H L0L0 HHLOLOOCOLL LLLLL LLL LLLLtLLL S LLLLLLLLS SLJEbsequarif ar Tardri77 Griss hawa Tāda filho situation worse by authorising enhanced punishments, and Widen ing the category of Tasters that carriot be reported. Journalistic reporting and con77rnet on parlamenay proceedirgs SergLSyrhibited, lo fedetriment of the crucial right of the people la LCLC LLLLCLL TC LC LLeLLLLL LLLLLT LLLLLLaL LLL those they have voted to represent them.
Que StiOITTWelWe
Will you create independent machinery to handle complaints against the police?
Explanatory note. Any system set up should command public confidence and be independent of the Police Department. Such a step was recommended by the comprehesiwe report of the Police CorT777 ission (Ca= Tiposed of refired Chiffusifice Basına yake) appointed during flig LNF gavernment in 1969, and published during the United Front governmentin 1970, but rrogovernment has ппadeапуаІІеглpt Io implemen! ії.

Page 9
7 ΜΜΕΜΜΤΚ ΑΕΙΆΕΤΗ ΑΝΟΙΜΗIII
The State Of Terr
Jayantha Somasundaram
Menégeoisée FeO, MetaSO W (We awara by wha0
- Heinrich HeinE
nti Tamil violence began in 1956.
On June 5th whilst the Official Language Bill was being debated in Parliament the Federal Party staged a Satyagraha at Galle Face Green. Soon after the Police on duty were withdrawn, the demonstrators were set upon by thugs Who Were widely believed to be MEP supporters. It is reported that Parliamentarianslaughed when they were told about the mob violence outside. The attacks spread to the Eastern Province where colonists recently Settled under the Gal Oya Scheme attacked Tamil villages, homes were burned and places of business looted. Around 150 Tamils were killed in the Gal Oya Walley.
In May 1958 in the wake ofthe Collapse of the Bandaranaike-Chelwanayakam Pact widespread anti-Tamil violence occurred. The first attacks took place on trains carrying delegates for the Federal Party Convention in Wavuniya. Howard Wriggins has recorded the events in "CeJian; Damasafa Wew Waföf.
"The outbreak of violence began when a train, presumed to be carrying Tamil delegates to the meetings was derailed and its passengers beaten up by ruffians. The next day Sinhalese labourers set fire to Tamil shops and homes in nearby Willages....
"Arson and beatings spread rapidly to Colombo. Gangs roamed the districts where Tamils lived, ransacking and Seting fire to homes and cars and looting shops. Individual Tamils were attacked, humiliated and beaten. Many were subjecled to torture and some killed outright".
For days mobs roamed, challenging people and Setting on them if they were Tamil. In Kurunagalla, a young man was stopped and asked to recite Buddhist gathas to prove he was a Sinhalese,
Mendis Who WaS a do so. The mob ther
Tanzie Wittachii | 59 records the detail Wa Government Age had to shelter Tami nists and was finally se the Army to open
Despite Bandara State of Emergency." Army Caled out. In Gunaratne had to pl gation Dept. employ na Maj. F.C. de Sara gangs. The GA, CO "Passing vehicles W. occupants TercileSS trains were halted a the passengers ruthl wеге папу instance brutal scenes as me Looting was rampair
Wriggins conclude days of disorder in 300-400 killed, owe arson, looting and Ceylonese transforn fugees,
The Violence spri aras. Where TarTills attacked. The Indiar had to be taken up their Welfare.
Prof. S.J. Tambia ty recalls that he "w: team of University u who were Sinhales in a sociology study tion in Gall Oya Wher ctedly broke out in C SihalESE Public W on the гаппpage in cking Tamil shopke sant Colonists. My tous for my Safety, i Closed doOIS While t I was later hidden ir

O
Methodist could not eupon killed him.
his book Emergency
SHOW in Polorau
nt Derrick Aluwihara is fleeing from Colo
compelled to authori
fire.
laike's reluctance a was declared and the Padawiya Maj. M.O. ursue and chaselriees While at RatralaTādt) Sd TB lor Tıbo Teported that ere stopped and their sly assaulted. Mowing it several places and essly attacked. There is of arson and such n being burned alive. t".
as: The toll during the cluded as esti Tlated r 2,000 incidents of assault and 12,000 led into hortheless re
Bad to the plantation of Indian origin Were High Commissioner country to ascertain
of Harvard Universias leading a research indergraduates, all of ie,thatwегеепgaged of peasant Colonisaethnic riots unexpebur midst. At Amparai sorks abourers Wert hijacked trucks attaapers and Tamil peastudents, wery Solicinsisted stay behind hey stood guard. And a truck and spirited
out of the valley to Batticaloa, a safe Tamil area. That experience was traumatic: it WS, the first ting the Ethic di Wide WES so forcibly thrust into my existence. And intuitively reading the signs, I wished to getaway from the island, for experienced a mounting alienation and a sense of being homeless in ones own home".
1961
When Sirhala beca The the language Of administration in January 1961, the FP began a round of protests. Tamil public servants refused to Workin the new official language, the FP staged Satyagraha outside Government offices in the North and East and in Jaffna 3. Tamil POStal service was begun. The mounting protests of the Tamils in the North and East was paralleled by resistence in the South on the part of assisted Schools, stainly Catholic, to the take over of these institutions. Parents occupied the schools to prevent the Church loosing ther TI. The Clash between the Romam Catholic Church aid the SLFP Go Wellet Was So Wolatile that Prime Minister Nehru had to request Cardinal Garcia from Bombay to go to Sri Lanka and break the deadlock.
A State of Emergency was declared and troops called out. In 1958 military officers had already experienced first hand the consequences of disasterous Government policy. One officer Who had arrived fifteen minutes too late to prevent the burning alive of two Hindu priests in Panadura, Was convinced by that incident that'sooner Orlater Something Would hawe to be done'. Another recalled that they had been cautioned in 1958 to handle with consideration Buddhist monks who were leading mobs. He concluded that "We should have separation of Church and State'.
Military and Police officers feared that they too might become victims of the growing theocratic tendencies. S.W.R.D. Badara laike him:Self had O'Ce tunned to DIGC.C. Dissanayake, the ranking career

Page 10
officer, and said: Oh Jungle, Jungle, if only you were a Buddhist, then I could snake you IGP. The people want a Sinhala Goigama Buddhist for IGP.
An Officer who had been assigned to Jaffna found the satyagraha peaceful and advocated against the use of force. But when he sat in on a Cabinet meeting he found that its members Wanted to "teach the TarTils ale.SSOn.
The Government therefore Ordered the 3rd Field Artillery Regiment to the North. But when it wastine to leave, the Regimetal Commandet Col. W.S. Abraham Sand his second-in command, Maj. B.l. Loyala WO WBree TaTiils Were debarred frOITI travelling. The soldiers protested and refuSed to entrair Luntil Col. AbrahaTiSilsisted that the Regiment proceed without him. Col. Richard Udugama, an Infantary OffiCer, Was Sertir his pola C9.
On 28th January 1962 senior officers of the Army and Police attempted to overthrow the Sirimaw o Bandaranalike GOWErnment. They feared the Sinhala-Buddhist politicisation of the armed forces that Felix Dias, and N.Q. Dias, Parlamentary Secretary and Permanent Secetary to the Ministry of Defence were instituting. The Coup was foiled and in its Wake there was the continuation of the Dias Doctrine, so that by 1972 all the cadets admitted to the Diyatalawa Army Training Centre that year were Sinhalese. And in turn officers like Brig. Russel Heyn, Brig. Roy Jayatilleke, Col, Lyn Wickremasuriya and DIG Rudra Rajasingham Were passed overfor COITII land.
The introduction of standardisation" in 1971 and the passage of the Republican Constitution in 1972 led to protests art long Tamilyouth in Jaffna. Many of them Were arrested and kept in detention for long periods. Then in 1974 during the International Tamil Research Conference in Jaffna the Police attempted to mount the stage and provoked a stampede in which nine Tamils died and several were injured.
1977
On July 21st 1977 the UNP was returned to power. For days thereafter opposition supporters were attacked and about 30 SLFP members killed a Tidst looting and arson. On August 16th, following a clash between the Police and the Public
in Jaffria, anti Tamilwi ghout the island.
Even though the K 16th was attacked an killed along this route nued to run trains. On next day only to hawE
The Sansoni Coimir "A false radio Thess: police station to the stated: Today four C. Naga Wihare is being
A Manar Where t killed the Army retalia torturing the Tamil pc. Wa the Army disarm had fired on a mob att "It is indeed stranget nant deprived the O.C. weapon and thus e them frOIT) defenCe criminals", comment He Wento, "FouraT red a shop at Kurune later when the mobi Ter WalkEd Out thr That Was a COTTOr days in many partso
Across the island homes burnt their pos their family slaughte rushed to camps ar BBCarTo flooded in t Inment shipped then BLult tlmere Were thOL Indian origin who camps, Official figure toll of 112. Thirty fix became refugees.
The Jayawardene the anti Tail Violenc of culpability on the Lihat Was still loyal tot det Said that PolICE ned and ever STO Superiors. But no con a Police force loyal the previous Weeks: supporters who were attacked.
The indisciplinedWas augmented by пsрігасy theогу; а S poposed to hawe bee

olencespreadthrou
KS night mail of the dTail Statio Staff the Railways contithe Northern line the
them attacked.
nisison reported that age from the Jaffna : Inspector General B buses set onfire, attacked".
he Peiris family was ted by attacking and pulation. At Migaleed Navarupar Who acking Tamil homes. hatthe Army Lieutecupants of their only ffectively prevented against a gang of Bd Justice SanSOni. med policemenenteagala, a few Tinutes attacked the Policeugh the front gate. sight during those f tilg iglarld".
l, Tamils had their Sessions looted and ared, In terror they ld when the camps the South the Goveback to the North. Salds of Tails of Tad also elded in is estimated a death We thousand Tails
Regime explained eas being the result Jart Of a PoliCe fOrCe le SLFP.Te Presimen were indiscipliked in front of their e could explain how til SLFP: ailed to protect SLFP being systematically
SLFP - Police theory an international COoviet spy Who is Suin the "foreign hand"
was expelled after he had been exposed in a book about the KGB. However thë Soviet Trade Unionionist who was expeІledbytheJayawагdепеHegimeiпSeptember was i Wladimir Nikitovich lgmatov while the KGB agent identified in John Barron's book is Vladimir Vasilawich IgnatOW.
The situation eased in the North as negotiations began for a District Council Schee. Prof. A. Wilso cale dow from the University of New Brunswick, Canada to help formulate a system of deWolution. Meanwhile in Jaffa a new police chief SP Douglas Ranmuthugalla took over. And most important, Lionel Fernando who came to be admired and respected by the people of Jaffna Was appointed Government Agent.
The respite was shortlived, despite months of hard work Wilson could not get his devolution package past the hard Right. These elements also succeeded in getting Lionel Fernando out of Jaffna. "He was the one civilian authority in Jaffna who stood up against police brutalists and exhibited rare courage in coming to the assistance of innocent citizens,..." Wrote the Mowgrent for Inter-Racial Justice and Equality (MIRJE) "He had prowed to be the most popular and Tost successful GA.... the people of Jaffna to a man, say that in the eventful Tonths that followed they were fated to miss the presence of Lionel Fernardo".
1979
In July 1979 the Jayawardene-Premadasa Regime enacted the Prevention of TETOri5 läW. "TEITriST Callot be Stpped and has never been stopped by means of the law," explained Minister Cyril Matthew in Parliament. "Terrorism has been stoped by terrorism".
On 12th July J.R. Jayawardene issued a directive to his nephew Brig.T.I.Weeratunge to "eliminate the Tenace of terrorism in all its forms from the island, and more especially from the Jaffna district".
Maithripala Senanayake, SLFP deputy leader, told Parliatent that the directive "is reiniscent of Adolf Hitler's directive fixing a deadline for the final solution to the Jewish problem. The problem of the Tamil speaking people in the North cannot be solved by Military action....."

Page 11
The Regime was now in the throes of race-war hysteria. Minister Ananda Tissa de AWistold Parliament, "there Was a time when from Sri Jayawardenapura Kotte a Prince called Sapumal, went forth and conquered Jaffna by force of arms and the whole of this island was brought under one banner. This time too, during the Jayawardene Yugaya history will record that he shall unify the country...."
On the night of the 13/14. July in Jaffna six men were taken away by unidentified persons. Some dead bodies were subsequently recovered. This was followed by indiscriminate arrests, detention and to
LUTE.
In Emergency Sevenly We MIRJE reported that "the tragic drama usually begins in the early hours of the morning. Some 40 or 50 men armed With revolvers, guns and machine guns surround a house — Some Wear khaki tro LISerS, at ti'r T19:S army uniforns. But there is no Way of identifying them. They get out of wans, jeeps or trucks enter the house, order the
inmates out and search. At the same time.
some who look like police personnel interrogate the inmates, accompanied with fistcuffs, blows, threats, insults, rough and indecent language. Thereupon One or two persons are taken into custody".
On August 14th hundreds of police and soldiers surrounded the Kent Far II and Dollar Farm in Nedunkerney and took away men who were doing Volunteer work, Tamil refugees who had fled the South in 1977 were settled here. Later these far lls were to be settled with Co
nvicts as part of National Security Minister
Lalith Athulath Tudai's programme of establishing armed Sinhala settlements in the North and East.
"In July 1979 six Tam Youth disappeared: two were lates foLind thead and mutillaled; one died in prison hospital; and the remaining three have newer been found. grawe suspicion Continues to rest On the police" said a report of the International Commission of Jurists.
"Terrorism Unleashod by the State security forces in the Jaffna District and elsewhere has in noway helped to resolve the problems of the Tamil Speaking pedple," concluded MIRJE.
Disillusioned by the violence directed
against the Tamilsar of the Jayawardene Wilson despaired at peaceful solution to However Dr. Neela Ug ta Vefail
steered the TULF in 1981 District DeWelt CtioriS.
1981
On the We of the D violence broke out ir burned homes attack tion Which Wisited "after careful inquiri that the attacks and Work of Some 100-17 a Sinhalese priestor to Kankesantural to attacked 2 miles fro of three persons in behind "Who Ti Were fortin. They smashed arod little driver N and assaulted the group finally believe that they were Sinh in theirjeep... in Jaff to take down his hospital the doctors but for the Sinhales mely kind. Fromthet Jaffna abila ZE".
On this first nightt te de StuCo Of the MP and the office f[]|[LIlātE tflättfl{}|Mf With is life for the police came to kill hir persons dressed in and speaking Sinha
"O til SGC0 destruction by arsor Library. Some 95,0s ced to ashes and the press. The Earao. published daily ne'.
"On the 3rd June ring several hundre trail S and bLJSG3S El to Jaffrla. On th3 m. (Thursday 4th) the C ral senior presiding C It is therefore no WC ballot boxes were fo in order.... One Was

Id the delaying tactics : Regime, Prof. A.J. the prospects for a the ethnic problem. Tiruchewa contiin negotiations and to participating in the bpment Council elle
DC elections in June, 1 Jaffna. Shops Were ked. NMERJEdelegaJaffna reported that BS there is rh0 doubt the arson Were the '5police personnel.... his way from Kandy JUTChla SE CETI Brit WES m Jaffna by a group anians and trousers a policeman in unithe Windscreen With WHO falli LurĊĊDrħSCHOLS
Clar. Wher the id their wictirTls' claim alese they drowe off late Police refused complaint ... in the and nurses, all Tamil Tatro Were extrehospital the priest saw
nere Was the complehouse of the Jaffna of the TULF. It Was P Wasable to escape is no doubt that the n.The attackers Were shorts carrying guns leSe.
night there was the of the Jaffna Public J0 books were reduEasy advoffice and Wis the only regionally spaper in the island.
goon Squads numbeds Were loaddod into Kurunegala and sent Irning of the elections OTlmissions of SeWeafficers were revoked. inder that around 40 und mot to hawe been found to contain over
600 ballot papers all marked for the UNP ... 3 were found to be missing".
A statement by opposition parties said that "even more reprehensible is the fact that these outrages should have taken place when Cabinet Ministers and several security service leaders were personally present in Jaffna directing affairs and that a section of the Security Services which had been sent to Taintain law and order had been directly involved... АпуСоппппіssion that probes these events should investigate the activities and conduct of Ministers Cyril Matthew and Gamini Dissanayake who were present in Jaffna".
"Five more Tamils were killed when the police wenton a rampage in Jaffna om the might of 3/4 June 1981," reported the ICJ.
"The burning of the Public Library by thugs from outside while the security forces did nothing to stop the arson was a profoundly symbolic act: the library cortained priceless manuscripts pertaining to the identity of the Tamils of Jaffna," wrote Prof. Gananath Obeysekera in PoW LOLS LLGL00LOLLLLTLTLLLLLTLTYTLTLCCLGLOLOLSS cy W. Sri Lanka. "The people of Jaffna identified the outsiders as the thugs of a prominent cabinet minister. The rumor in the Sirhala areas Was the Sarme. Yet fld action was taken by the President. The action was repeated in certain parts of the Sabragamuwa Province where Tamil shops were destroyed and the homes of Tamil plantation Workers pillaged. Again no action was taken by the President against the government political leaders involved."
On September 11 the Wew York 787795 quoted President Jayawardene as saying: I regret that some members of my party have spoken Words that encourage violence and the murders, rapes and arson that have been committed.
"The President the said that he would resign as head of his party if some of its leaders continued to encourage ethnic hostilities," Comments Prof. Tambiah, "It is more tragic than comic that the President, at Critical TTOTEelts the ad lateT Would sometimes express these statesmanlike evaluation and intentions, only to retreat from his nobler impulses under pressure from the self-same right-wing elements within his own party".

Page 12
MWEN DWA
South Asia: Understa
he agenda for the discussion Was Ti: by the recent revolution in broadcasting technology principally, the advent of satellite television transmissions. This new technological era has Created an un precedented opportunity for large numbers of broadcasting Organisations, both domestically-based and intenational, to use the television mediurn. Millions of people in the sub-continentare, for the firsttime, becoming television wiewers in their own homes. But the very impact of the satellite revolution has also given rise to a range of new, and sometimes urgent, issues. Throughout the Sub-continent, lively debates are in progreSS about how to respond. These revolve around various questions, Such as the need to develop a strategy for dealing with the cultural effects of foreign programmes on a mass indigenous audience; how to license and regulate new regional stations, as well as trying to guarantee standards of quality in their programming.
The seminar was inaugurated by the Hon. Minister Barister Nazrul Huda, in charge of the Ministry of Information, Government of Bangladesh. He emphasised that Bangladesh's television and radio are operating with the objective of developing the country's human fesources, and mobilising them for social development. BTW and Radio Bangladesh are playing a Supervisory role, in line with national policy, as well as educating the people. In the South Asian region, the element of public service broadcasting is wital. The area contains one-fifth of the total global population: an important section of the World's
COSLTES.
The Minister said that, in Bangladesh, the transfer of ownership of the electronic media from the public to private sector is a challenge. The government firmly intends to carry out this transfer. As its first
O
step, the governme. to broadcast in the expressed hopes th dcastingWouldgiver Culture, adwan Cing
inte Tätiola borOther
The clair IIlan of th
Ziur Rall Tilla Siddi
advent of Satellite br is being felt in the b South Asia. This is lewels: political, Cultu litically, Bangladesh' were for a long tir control of governme mediawere complet But, recently, intern dcasting has becom nging the governme sseminating informa: ctronic edia.
The first keynote a by Abdullah al-Mam National institute O tion: 77a Off dcastwлg — 77ig B emphasised the nee production houses for presenting qualit wers in a competitiv
The discussion W,
CO tributions from t points were made:
o Aly Zaker, an e advertising firm, of a Survey on broadcasts oth пce. Only 7 per Sion audier CeWi регіоd of time r everyday). Amo per cent of the ' Zalker identified

Inding the challenge
it has allowed CNN country. The Minister at international brO3ise to a healthy global human Welfare and hood. .
e Seminar, Professor qui, said that with the oadcasting, a change roadcasting media of reflected on Warious
ral and technical. PO's radio and television
TE Udēr the direct int, whereas the print ely out of their control. ational Satelle BroaThe popular thus chaent's monopoly in diation through the elle
Iddress was delivered Un, Director-Ge 1Beral, f Mass Communica
Walasia/Braangladesh, Wew He dfor Opening private in parallel with BTW, y programmes to Wieeatmosphere,
as then opened up for he floor. The following
xecutive of a leading presented the results
the impact of CNN le Bangladeshi audiecent of the total televi
gWgd CNN fora Short egularly (before 8am ng the 7 per cent, 90 wiewers are mala. Mr.
the Causes of the Se
low viewing figures as the timing of the CNN broadcasts and language limitations. He added that the CNN news was acceptable and credible to the Wie Wer:S.
Enayetullah Khan, Editor of HoWa, said that Bangladesh should Welcome the opportunity of international broadcasting. Non-government electronic media should help to create political balance and expand economic activities. As in India, the operators of cable television would help to strengthen the market for hardware and software. Mr
Khari ISO StrESSEed the reed for an open and clear coпппunicatiоп policy.
Ataus Samad, the BBC Correspondent in Dhaka, said that one shouldn't Worry about privately-owned media misdirecting the public. An independently-mided audience is not vulnerable to propaganda. They can select which information is right or Wrong because they have the capacity for good judgment. So people Would reject propagапda on the ппесіia.
Mujibul Huq Chairman, Broadcasting Commission and former Cabinet SeCretary, said that the privatisation of the broadcasting media in needed for the sake of democratic culture. The state-owned media cannot play apositive role in a democratic system.
Gazi Shamsur Rahman, Chairman of the Press Institute of Bangladesh, and a retired judge, said that there Wasno constitutional bar against private broadcasting; thus, anybody could emerge as an entraporene Ur. -
Nuruddin M. Karmal, Director-General, External Publicity, GOB, raised the question of whether the privatisation of the media would be profitable.

Page 13
M.IN. Mustafa, Director-General of AFIdo Banglades, delivered special paper: 77he ChaNengeand the probans ofderegwafov7 ала"pлиа/sаІčov7 о7 гаOWо ала television7. Ha Suggested Setting up something like a communications Council which Would exercise extra-judicial, executive and administrative power to allocate frequencies, their appropriate use, and to franmēr Lules and procedureS.
In the follow-up discussion, Dr Golam Rahman, the Chairman of the Department of Journalism & Mass Communication, Dhaka University, raised the question of how to ensure the accountability of international media like CNN or the BBC.
KGMustafa, Editor of the daily newspaper Sawigbaai, Said that entrepreneurs could be encouraged by lifting all restrictions for the private broadcasters.
Ataus Samad said deregulation could mot be achiewedwery easily. Since there would be no control on the news broadcasts of the private media, the government wouldn't be likely to allow freedom in reporting. There is firm authority behind news censorship for the sake of national integrity or security. Aly Zaker pointed out that the government Would discourage private-sector broadcasts because such companies would draw all advertising away from the public media.
Mujibul Haq said that only a new political move could help to fulfil ideas of deregular tion. Mahfuz Anam, Executive Editor of the Daily Star, argued that, to achieve deregulation, talks between the govertırment and opposition parties were mece
SSā.
William Crawley, Head of BBC Eastern Service, presented a paper. BBC World Service Weewslav's first year Asia. He described the BBC's success in the region and pointed out the prospects for international broadcasting in Countries like India and China. Despite this success, improvements were needed for the BBC's continuous expansion. But the BBC or any other foreign media cannot be a substitute
for a domestic broadc mestic broadcasting
cultural acceptability" dcasters do mot hawe success in news-gath employment of journ regions to which it's E
Ernest Warburto, Service in English, sa broadcasting offered; choice for the audien
In the general disc. it emerged that while 90% of the area of B: channel would not bË an extensive Scope. A
rels could turn Out adwLrtisers or wigwer
During the Second: presented by Mark D sting Manager, Wor chnology and the Will va The USB of Sate allowed for many n Ewe in the STā|| ta Europe, there are a stations. So, without be possible for ever to have its OWm radi local advertising.
In the general disc points were made:
a Dilip Kumar Sah sing its audience it can't feed your dern prograппе
But Aly Zaker dis his survey, radio Creasing in the ci ka. Ad radio ha than television.
til termillion fE He also gave S television. In Bal 12 million telewi:
television shows up to 200 ped television set in E

casting agency, dohas a ready-made Which Outside broaPart of the BBC's Iering came from its alists based in the |roadcasting.
Editor, BBC World aid that international a greater freedom of
CE.
Ission that followed, : BTW was covering angladesh, a private able to cover such Also, the private chato be expensive for
S.
session, a paper Was eutsch, Rebroadca|d Service: Wey - emationa/perspeciflite technology has nore radio stations. Wins of the USA or s many as 16 radio restrictions, it Would y towп іп a couпtгу O station, funded by
ussion, the following
a, NIMC: radio is lo
in the cities because nger people with mos and pop music,
agreed. According to listerners Weren't deties, not even in Dhada far greater reach TETE WET TO ESS Adio Setsin themation, Ome StatistiCS abOut gladesh, there were sion sets. In Villages, are a kind of festivity, ple sit in front of a a village. On the other
hand, newspapers cannot reach so Tiany people in Willages. This is one of the mai reasons why advertiser:S prefer the electronic media. But the growing number of advertiserson BTW has caused a rise in the cost of sponsorship and commercials for advertisers. The expense hasn't discouraged them, however.
Professor Khan Sarwar Murshid, Writer and educationalist, presented a paper: ČEWMLWWW7yo Waa Wow75 OMWWWW byta aastWrgy in Bangladesh. When the international media pay attention in their coverage to Bangladesh, they tended to see it in Stereotypical terms. The country only featured when there was a disaster, orthrough a view of powerty or political upheaval. But the country's vibrant cultural life should also be featured.
In the general discussion, the folloWing points were made:
a Professor Zillur Rahman, Siddiqui: there is a contradictory attitude toWards alien Culture. One section is afraid of it, while the other Welcomes
it.
a Aly Zaker: international broadcasting made an impact on domestic political affairs because people were informed by listening to WOA or BBC news programmes. But, on the cultural level, if the country had a strong culture, it was bound to reject an alien culture in the long run.
o AtauS . SarThad: an international brodcasting organisation can always guard against misinterpreting events in a particular country by consulting and interviewing local journalists,
Closing the seminar, Professor Zillur Rahman Siddiquiaffirmed that the culture of Bangladesh is able to resist the negatiWe cultural flow from outside. He comended the BBC for its news coverage, and expressed hopes that international broadcasting will help to improve the political and cultural climate of the country.

Page 14
Ace space Writer's c
Jean - Claude Buhrer
ACEAE. C. Clarke, author of A Space Odyssey (on which Stanley Kubrick's film, 2001, was based), lives and Works in a luxurious colonial mansion in Sri Lanka's Capital, Colombo. At 76, Clarke is still passionately interested in the future of the World. He has retained a freshness of outlook and a child-like Sense of Wondement. As he sits alertly at the keyboard of one of his computers, Scrutinising the screen through huge glasses, his lined face lights up with a mischievous smile.
"Ready to go?" he asks. "Let's see... how abouta trip to Mars?"Clarke, a former RAF pilot, takes the controls of his imaginary spacecraft and delightedly calls up on to his almost three-dimensional Colour screen details of craters, rocks and rawinestaken from superb photographs kindly provided by Nasa.
His mongrel Rikki, who is sitting quietly at his feet, does not even cock an ear. Pepsi the chihuahua is more demanding and insists or occupying Clarke's lap, in the dip of the traditional sarong he wears with a belt around his Waist.
From his Sri Lankan fastness, where he has lived for almost 40 years, Clarke makes certain he keeps tuned to what is going on in the world. His roof boasts an imposingly large satellite dish.
Although he owes much of his fame to Kubrick's hugely successful 2007, Clarke had already sold Tillions of books allower the World by the time the film was released in 1968. Translated into some 30 languages, his titles have picked up a sheaf of literary awards.
In all, he has published well over 70 books and seems in no mood to call it a day. When you ask him what his immediate plans are, he smiles and says: "At the moment, I hawe 47 projects in orbit, what with books, screenplays, movie options and television adaptions. Boredom isn't something I'm ever likely to suffer from. I think I've got enough on my plate to keep me happy till the year 2001 The incredible thing is that that's now less than 10 years away." When you inquire about his health problems, which sometimes make it difficult for him to move about easily, he dismisses them with a sweep of the hand. In any case, he intends to keep to his routine as long as he can.
He spends several hours a day at his PC, more especially in the morning, before the tropical heat gets too oppressive. His good-humoured secretary firmly preWents anyone from disturbing him. After
12
lunch and a siesta his club at 5 p.m. tennis and has ni again after being f of an operation.
Clarke admits the enough to give lon: that he imposes a himself which prote ders,
Clarke trained as matician. At the sta he Worked on the communication sat Was an introduction Interplanetary flight
Although fascinal also lowes the Sea a explains why he pu Lanka (then Ceylon "This island is a b WOrld, the last | Ou|| hemisphere pointin ly unexplored em Ocean. It could We for major exploratic next century. You C high seas here.
"lпlaпd, there art like the Sigiriya and Buddhist frescoes. for scuba diving, tho of that as used to.
"These are some that hawe kept me ! with the progress o mmunications, there keeping in touch wi the World."
Clarke predictedt nication satellites S. they became reality. On the scientific hori of my lifetime, I'd ver of intelligent life to Where else in the lur
"For me, the GL telecommunications sides exploited new nformation if you lik ther another questic
"It's fair to say that put an end to the United States was a WerbUtto Corne to té the Soviet threat he ggerated, we saw t nges whose reperc ping the face of the

dyssey
he regularly goes to where he plays table W started swimming rced to stop because
the is no longerstrong lectures in public and personal discipline on :tshis World from intru
a physicist and mathetof his career in 1945 undamental theory of ellites. His first books to astronautics called
ed by the stars, Clarke ndits mysteries, That tdown his roots in Sri ) as long ago as 1956. it like the end of the post of the northern gout into the still largetiness of the Indian be used as a base on expeditions in the an feel the call of the
2 extraordinary rocks its exquistely delicate t's also an ideal place Lugh I can't do as much
of the magicelements here. And nowadays, ftechnology and coa's nothing to stop me th what's going on in
he advent of Commuјme 15 years before What didhe TOW See Zon?"Before the end much like Some form be discovered someiwerse.
if War was the first
War, in which both S information, or disi- but that's altoge
spysatellites helped Cold War. When the ole not only todiscorms with the fact that d been greatly exaLe beginning of chaIssions are stilI shaWorld today."
"I think it's also fair to say that the startling changes that have taken place on the World political stage in the last few years have been largely due to the development of telecommunications."
"Take the abortive Moscow coup, for example, it was foiled thanks to television. For all its imperfections, television can provide a dimension of truth that hardly existed at all in the past. By the end of the decade, the free circulaton of information acrossal borders will be a fact of life, and no government- not even the most repressive dictatorship - will be able to do anything about it.
"According to the Universal Declaration of Human Rights, everyone everywhere is entitled to be informed and has the right to know what is going on in the world. The more television channels there are the more effective the broadcast of news information will be."
But Clarke is of Course Well aWare of the negative side of this technological revolution. "All these powerful new instruments can work both ways. First, there's a serious danger that we'll be polluted by information, whether it be good or bad information. Or polluted by a surfeit of infomation, if you prefer.
"There's a risk that everything will be broughtdownto the samebanal level, and at the same time a risk of manipulation. One is swept along in a maelstrom of images, and one's vision becomes blurred because there's no way of stopping the proceSS.
"We also hawe to be Ware of What I'd call electronic imperialism, because it's destroying many ancient art forms and traditions. At best, it preserves them like interesting fossils, rather like flies in a Tiber.
The law of Darwinian survival is as Walid for cultures as it is for genes. Unless we're Very careful, we shall expose ourselves to the real danger of generalised cultural impoverishment.
"I don't dash around as much as used to." Clarke admits. Apart from a trip to Minehead, in his native Somerset, in July 1992, where his admirers celebrated his 75th birthday, he has hardly left Sri Lanka recently. The other day he turned down an invitation to participate in a conference at the end of June on the theme of "the inspiration of the astronomical phenomenon." The organiser of the conference?
- The Vatican.
- Guitar Weekly

Page 15
Reflections on an invisit
lzeth HuSSair
ܨܠܐ
B it can be questioned whether the factor of invisibility is necessarily a part of the strategy of maintaining the power of the dominant majority over a minority. Arguably it might be explained interns of the dull impercipience of people who cannot be bothered by anything outside their private lives, or it may be that Muslim grievances have not been adequately publicized. But Sinhalese who are in fact concerned about public affairs, and who are aware of what happened at Huiftsdorp and Muslim charges of discrimination, resort to bizarre9 arguments tO make the awkward facts in Sinhalese-Muslism relations disappear from sight. There are exceptions of course, but that is true by and large. Something odd is afoot, and that something certainly seems to be connected to the dynamics of power relatiÕS.
Will OW make Some observations. On the place of invisibility in power relations. It is interesting that George Orwell used the identical metaphor of invisibility, Seweral years before Ralph Ellison, in connection with power relations. In his essay on Marrakesh he wrote that "People with brown skins are next door to in Wisible" that is to the French colonial Tasters in MOTOCCO id til OtET White:S the The natives there were reduced to a kind of undifferentiated brown stuff, the poorparticularly were hardly distinguishable as individuals or even as properly huппап, and Or Well added, "All Colonial epires are in reality founded upon that fact." Power he sees as involving Some kind of relationship to invisibility,
Orwell makes another Striking observation in the same essay, which was that within fiverminutes of his arrival in Morocco henoticed the overloading of donkeys and was infuriated by it, whereas it took longer for the plight of human beings to register. It was generally by Some kind of accident atome eWe loticed the oldWidia bert under er load Of Stick5. As his Wa5 rot an analytical essay, Orwell did not try to explain the difference. The explanation, I am certain, is that noticing the plight of the Moroccan poor Would haWe Called into question the whole order of imperial power, whereas noticing the plight of donkeys did not. Purblindness or even total blindness to certain realities, reducing
them to invisibility a Was clearly necess: joyfulexercise of im
On a more analyti observations on krimi are very relevant argued that you do you interpretit, and y of your interests a important of which, L. in fact, is a drive profound insight, whi elaborate theorising discourse and ther knowledge and pow says теапs аппоп9 world can be inter Take incorvenient facts that are in COW bring into question t ges of dominant gro
The way in whicht actually functions in mes clear when We which power is exer. liar way is when the powerless do their b the only way in whic It is also exercised E sing the agenda of W dered and discused attention and What d the dominant majori possible, anti-Muslii anti-Muslinin disCririTmi da Their inclusion with the serene enji privileges.
A startling illustral invisibility is provi rnment's position th problem in Sri Lank: bolem, Wher in fact problems and not Muslim. Perhaps no expected from the U is the Sinhalese in
Tuch better?
My question aris there is a notable discourse of the Tha tỉES im Sri LäTkā. Thị on matters such as CulturalisT1, and Cor

ble M inority (concluded)
Smuch as possible, iry for the easy and berial polWer.
cal level, Nietzsche's owledge and power to my purpose. He not know the World, ou interpretitim terms "d drives, the Tost Inderlying everything for power. It Was a ch WaSbeni dal the of Foucault about "elationship between wer. What Nietzsche other things that the preted in ways that acts invisible, that is 'enient because they he power and privileLUPOS.
he factor of invisibility Dower relationS becoconsider the Ways in Cised. The T10Stifa Tia powerful make the idding. But that is not h power is exercised. y the powerful choowhat should be consiwhat Therits Serious loes not. Il Sri Lanka by excludes, aS faras T. ethnic rioting and nation from the ageW||10t be Consistent руппепt of power aпd
ion of the strategy of ded by the Goveat there is no ethnic a, only a terrorist prothere are two ethnic just one, Taпnіl and tmuch better can be INP political elite. But tellectual elite really
35 froT tle fact that divide in the ethnic jority and ther minoriformer Concentrates ational identity, multievalues as the SOWe
reign specific for dealing with ethnic problems, the latter om discrimination. The minority focus on discrimination should be easily understandable because discrimination is What ethnic problems are really all about. But in the great many meeting and Seminars held on the Tamil ethnic problem since 1983 the issue of discrimination has been conspicuously absent. The agenda is chosen for the most part by the Sinhalese intellectual elite, and that agenda clearly shows the strategy of invisibility.
What all that shows is that the Sinhalese elites of all types, political and intellectual and others, are kith and kin because they have been the major beneficiaries, not the Sinhalese people as a whole, of the discrimination against the minorities.
In the perspective of the "ethnic revival" of our time, the spectacle provided by Sri Lanka must certainly seem curious to foreign observers. For here we hawe a majority which confronts one of the most serious of all ethnic problems, that of the Tamils, and yet ignores the potentially explosive grivances of another minority, the Muslims. As I have already remarked, that must astound foreign observers right across the spectrum of the ethnic debate, from the Moynihans to the Hobsbawms.
The Case is Curio US but nota hopeless one, because I do not believe that the Tajority of the Sinhalese are unwilling to give a decent modicum of fair and equal treatment to the Muslims. The problem is at the higher levels of our society. What then are We that is We the minorities together with the majority of the Sinhalese people, todo about those Sinhalese at the higher level?
The problemis a Complexone requiring Complex answers. But at least part of what We can do is to get the message across that the "ethnic revival" of our title means among other things that a minority which is invisible today might suddenly become wisible tomorrow, the latest instance of which took place in southern Mexico. I will add With Brecht from the epilogue to his play "The Resistable Rise of Arturo Ui, "Therefore lear how to See and not to
gape."
(Čarles Wasa)
13

Page 16
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Page 17
AWLWMWA MWAFWGAW73
Legal Backgroun
(i) Constitutional protection of
human rights
The Bill of Rights contained in the 1978 Constitution speaks of the State's commitriment to the protection of its citizen's dignity and Wellbeing. Such commitment is attested to by Article 4 (d) which states "the fundamental rights which are by the Constitution declared and recognized shall be respected, Secured and advanced by all the organs of government, and shall not be abridged, restricted ordenied, Sawe in the manner and to the extent hereinafter provided".
The Bill of Rights in chapter III of the Constitution encompasses Articles 10 through 14. The fundamental rights guaгапteed by Articles 10through 1З apply equally to citizens and non-citizens. Thus every person within the borders of Sri Lanka is assured the following rights: (a) freedom of thought, conscience and religion; (b) freedom from torture or cruel, inhuman or degrading treatment or punishrinent; (c) equality of person before the law and equal protection of the law (this section prohibits discrimination based on гасе, religioп.Ӏапgшаge, caste, sex, political opinion, or place of birth); (d) freedom fгопп агbitгагу аптest, deteпtioпапd pшпіshment; (e) prohibition of retroactive penal legislation; (f) fair trial; and not to be deprived of one's life without procedures established by law. The Constitution guafantees the freedor T to Exercise Certain rights only to citizens in Article 14. Thus, the freedom of speech and expression, freedom of assembly and association, the right to join a trade union, freedom to practice one's religion and culture, freed'OTI LO WOrk, ad freedOfT (of novement, are accorded to every Sri Lankan citizen and denied to non-citizens.
The Sri Laka (COStitution dOES - Tot specifically protect the right to life in absolute terms, however, Article 13(4) of the
ALаиvavid'Sосё!у 77/sfгерогї
Sri Lanka Constitu One shall be punishe sonment except by Court, rTmade irla CCOrr established by law," protection from arbitr The term "procedure iSTOttle SarT12 aSLTE oflaw". Due proces establishment of a and the implemental res tO aWOld arbitral a citizen's right. T Court has develope law" standard. In E. ofТаллӱMaаїy(1974 Justice Bhagwatiad standard, which prin MМалека ČEarhaw 1
(1978). S.C. 597 an пkan Supreme Cou to adopt the Indian
"Natural justice isnc in our country where COStitutireSCCW found in the AE EWтоve Parevаи. Ма Argyria (1985) 1 S.L. does not COne Withi 15 which authorises fundamental rights
tion15. Ne Wertheless, can be deprived subdure established by in action authorize regulations whittles protection granted b
The tellational Political Rights gua freedom of express to ifotho , TE
i Is (JI Ho CHer lå the right to informat W. Liyanlage:2 Sri L.E Wialarate readir tion. In that case, J statement"I am of th mental right to the frt expression includes

d
ution states that "No di With death or impriorder of a competent dance with procedure and this affords SOITle ary deprivation oflife. a established by law" i rightto"due process s of law requires the dequate procedures tion of such proceduy infringement upon he Indian Supreme id a "due process of P. Royappa и State ) S.C. 555 at 583,584 opted a due process ciple was followed by LWoy WWIda A.M.A. di Others. The Sri Lart, however, refused interpretation stating it a fundamental right the architects of the red the 'due process' erican Constitution". yov'MMontagше. Мауаиу.R. 287. Article 13(4) the reach of Article Certain restrictions of under certain condsince life and liberty sequent to апyprocelaw, the Wide latitude і by the епnergency away the minimum y Article 13.
COWgnato Civilarld rantees not only the ion but also the right Sri Lankan Constitlu= and does-mot aCCOrd ion, ln Visu Valga"7 R. 123 (1984) Justice the right to informaUStice Wimalaratrie's e Wiew that the fundaaedom of speech and ; the freedor Ti E of the
recipient", as such includes the freedom of the press as Well. To quote Justice Wimalaratne again "it is only a free press which can...propagate a diversity of views and ideas and advance the right to a free and general discussion on all matters of public importance....". The All Party Conference recommended that explicit recognition be awarded to the right to information.
The Constitution entitles the guaraintees of fundamental rights to every "person" and "citizen". As discussed above, fundamental rights enumerated in Articles 10 through 13 can be enjoyed by all persons, including "legal persons", and Article 14 enumerates rights enjoyed only by citizens. The Supreme Court has interpreted "citizen" to exclude legal persons Such as Companies and corporations, who are, therefore, not entitled to Article 14 protection (Supreme Court dismissed the application by Janatha Finance and Investment Limited (application No. 11682 Dec. 14, 1982), on this basis). However, directors and shareholders of a Company may instigate action if they can show that they have Suffered distinct and separate injury as individuals (D. We We Arenado et af. w Liyarlage et a/l (1983) 2 Sri L.R. 214).
(a) restrictions on fundamental rights
Article 15 lists the Conditions under which the above rights and freedoms can be. Testricted. Article 10 ad 11 freedors Cannot be restricted under any circumstances. According to the Sri Lankan Constitution freedom of thought conscience and religion and freedom from torture may be considered absolute rights. However, according to Article 16, if any written or unwritten law which restricted these rights predated the Constitution, such laws Would continue inforce regardless of the inconsistency With . constitutional proviSidrhS.
Rights guaranteed by Articles 12, 13,
15

Page 18
and 14 Canterestricted for Warious realsons. Article 15(7) lists the conditions under which these rights can generally be restricted on the basis of national security, public order, the protection of public health and morality, etc. Some of the eruriterated freedorns can be restricted for IEaSONS Other thar those listed in Article 15(7).
Article2(1) of the Covenanton Civil and Political Rights obliges a state to respect and to ensure the rights declared to "all indiwiduals within its territory and Subject toits jurisdiction". Noderogationispermitted from those provisions which guarantee the right to life, or which forbid torture or inhuman treatment, slavery, servitude, conviction or punishment under retroactiWe laws. The right to recognition as a person before the law and the right to freedom of conscience, thought and religion are also declared in absolute terms. Four non-derogable rights are common to the Covenanton Civil and Political Rights, the ArTarican Corwertior 01 HLUTla Rights, and the European Convention for the Protection of Human Rights and Fundarinental Freedoms: (a) the right to life, (b) the prohibition of torture, (c) the prohibition of slavery, and (d) the prohibition of retroactive penal measures.
Even those rights and freedoms which are derogable are only so at times of "public emergency which threaten the life of the nation," and only to the "extent strictly required by the exigencies of the situation". However, under the Sri Lankan Constitution restrictions can be imposed at any time, and for reasons such as in the interest of racial and religious harmony or national economy. Moreover, Article 15 dOCS Tot COndition the restrictio to be Tea Sorable. Courts hawe, however, ewolved a reasonableness standard through case llaw (Wickrain mathanadlu yw AG Appll, 27/88, SCM 6.90, Josep/7 Ferara v. AG SC Appl. 107-109/86). Some of the SuPOTETE COUrtjusti CBS hawe eWolwedd areaSonable and rational flexus standard to measure infringements of fundamental rights by emergency regulations. Whether, this standard would be applied across the board is unclear.
The Public Security Ordinance was
6
Thade part of the Article 155(1). Article Emergency Regulat amend, or suspend Constitution, althoug any other law in th Articles 12, 13(1)(2) to restrictions under rest of national Sec Such restrictions m regulations enactec public order. In othe Art. 155(2), the Cor afforded by the ab amended by eme Earlier Supreme Co the view that in peric protection of fundam necessarily be aWE status. (See SUV. (1984) 1 Sri L.R. 305 rgyа и. SaтaгasWдуу Ce Soza stated "It is indiwidual freed0T " danger to be restrict nity itself is in jeopa rgency Regulations ndamental rights gu 13(1) and (2) of the
Later CaseS indica as evidenced in MW Where the Court Sta
Cot hawe the burda reasonable less of th by law or Emergenc this Court is satisfied are clearly unreason regarded as being scope of the power a landmark decision AG SC Appl. 1 07 - 1 the Supreme Courts rgency regulation di ngementon the freec basis it lacked clarity trary and capricious
(b) judicial protectio
Article 118 expre Supreme Court juris tional Tatters and the mental rights. Article premeCourt Sole jur tutional interpretatio complaints of funda

1978 COStitutioli a 155(2) declares that ions cannot override, the provisions of the gh they may do so to e Country. However, and 14 are subjected Art. 15(7) in the inteurity or public order. ay be in the form of for the purpose of ar. Words, contrary to Istitutional protection owe articles can be Irgency regulations. urts have expressed Ids of national tur Toil tā freds TLSt arded a subordinate эMтдат и Lyanage 31B; ir AwrinarawayeF.R.D(2) 347JustiWell recognised that las in times of public Ed Wher the COTITLUirdy.... These ETheOwerShadow the fuIaranteed by Articles Constitution".)
ited a Welcome trend СЖrav77аѓал70%у И. АG ited "The State may of establishing the le restrictions placed y Regulations, but if that the restrictions lable, they cannot be Within the intended Linder Art. 15(7)". In іп Josep/7 Регела им O9/86; SCM25.5.87: strLICk down an EITE!- Baling With the infriion of speech on the and permitted arbiaction by the police.
in of human rights
ssly confers on the diction Ower Constitu2 protection of funda: 125 grants the Suisdiction ower Coristiand to inquire into mental rights viola
tions and determine the appropriate remedy and compensation.
The Constitution does not permit judicial review of Bills passed by Parliament. The Supreme Court, however, may review Bills before they become law. The jurisdiction of the Supreme Court to review Such a Bill for constitutionality can be invoked by either the President or by a citizen. The Supreme Court cannotact on its own initiative (R.K.W. Goonesekere, "Fundamental Rights and Judicial Approaches, III Fortnightly Review 49 Law and Society Trust, 1 & 16 Dec. 1992). When the President invokes the jurisdiction of the Supreme Court, the Attorney General sets the agenda as to which provisions are presented for judicial scrutiny. Once the Court rules on the validity of the Bill and identifies inconsistencies with the Constitution it has no further role in the enactment of the said Bill. It neither has the authority to scrutinise the amendments to the Bill nor any procedure undertaken to pass the Bill, A Bill may stil be passed even after judicial invalidation if it receives an endorsement by a 2/3 majority in Parliament.
Urgent Bills go automatically to the Supreme Court for review. The Supreme Court must give its determination in 72 hours. Due to the short time period, concemed citizens and NGOs do mot hawe sufficient time to raise issues and assist the Supreme Court in its scrutiny. Often, government suspends standing orders and pushes legislation through.
Order papers of proposed Bills are published in the Gazette. These Gazettes are not easily accessible. Subordinate legislation, such as Provincial Council statutes and regulations and laws issued by bodies instituted by legislation under Article 76(2) and (3) and emergency legislation under the Public Security Ordinarice is subject to judicial review even after the enactment of the law.
Article 17 grants every person the right to apply to the Supreme Court when any right guaranteed by Chapter II is violated by Executive or administrative actio. According to Article 126(2) only the individual or his/her attorney may petition the

Page 19
Supreme Court charging infringement of fundamental rights. New Rules of the Supreme Court which came into operation at the end of April 1992, seek to expand the Scope of the locus standito file fundamental rights applications. Rule 44 of the new Rules of Court allow those other than the injured to file applications if a judge sitting in chambers determines that a prima facie case of "an infringement, imminent infringement, of fundamental right or language right", has been established. In this case the judge may exercise his discretion to treat it as a "petition in Writing under and in terms of Article 126(2)..." if two conditions exist. Firstly, the person injured must not have the means to pursue complaint according to Article 126, and secondly, the victim of infringement or imminent infringement would be substantially prejudiced.
An individual cause of action under the Constitution would arise when an executiwe or administrative action infringes on the rights guaranteed by the Constitution. This is much narrower than justiciable infringement by state action provided by the Indiam and U.S. Constitutions. In the past infringement of fundamental rights by a State 0WTEd in1Sura CD. COmpany WES held to be non justiciable as according to the court it did not fall within "executive and administrative action". However, in Rayaratne v. A. Lanka Lisa (1987)2 Si L.R. 128. Justice Atukorale held that Air Lanka was an agent of the government and as such its actions would amount to "executive and administrative action", invoking Article 126 jurisdiction.
When a private party violates an individual's rights under the Constitution, no constitutional cause of action arises, unless it falls within Article 12(3) which prohibits preventing individual access to public places such as shops, restaurants, hotels, places of Worship, etc. On the basis of race, religion, language, Caste, or Sex. Hence, a cause of action under the CoInstitution need not be triggered only by executive or administrative action.
inalandmark decision in 1993 the Court held that in certain instances actions by private individuals can be Considered state action if there is a sufficient nexus
between the private
the Executive. In M. AG Supreme Court. A (decided 19/1193),
in police custody, W. Ministers of Parliar Council member. The by and allowed the
to assault the petitic found that the petiti sted and detained at MPs and Councillor stances the execi private Individual Wo ble for the action Whi
fundamental rights ( section on Habeas C ntal Rights Cases ir and Political Rights)
(ii) Sri Lanka's in"
obligations
Sri Larka Sap: international huma including the two Civil and Political Rig Social and Cultura conventions protec children's rights, ani of international inst Lanka is a party is 1. Despite committi gations Sri Lankah failed to bring nation with its internation many instances ha ment the requireme legal instruments,
Sri Lanka is yet international instrul is not aparty to the the ICCPR. The accepts the Comp Rights Committee by individuals. The tocolaims atabolis
| 1991 The SI announced to the mmission that a 1 Constitution had b strengthen the pro ndamental rights. nce (APC) in 1991 tatives of all ther
 
 
 
 
 
 
 
 
 
 
 
 

actor o actors and Jyrav77ed Paig L. Vig Application No. 89/91 the petitioner, while as assaulted by two ent ad a Prowincial 2 police officers stood MPs and Councillor iner. The Court also Jler had been afTEthe prompting of the . Under such circuutive officer and the uld be held responsichinfringed upon the of a citizen (See also orpus and Fundamethe chapter on Civil
terratioma
arty to several of the in rights Covenants Tajor Cowenants (on ghts and on Economic | Rights) and to the ting Women's rights, dworkers rights. A list UTients to which Sri provided in Appendix ng itself to these oblias in some instances allaws into conformity all obligations and in s also failed to impleits of the international
to ratify several key ments. For example, it Optional Protocols to
Optional Protocol tence of the Human o consider complaints Second Optional Proing the death penalty.
Lankan government UN Human Rights Coth Amendment to the er draftad in Orderto lection afforded to fuhe All Party Confere, сопргising represeajor political parties in
Sri Lanka, drafted a 17th Amendment to the present Constitution after a six month deliberation, and debate. The Amendment sought to: firstly, strengthen the existing chapter on fundamental rights by bringing the chapter into conformity with Sri Lanka's obligations under the International Civil and Political Cowenant and the International Socio-Economic Covenant; secondly, to curtail the wide and general restrictions and powers of derogations Currently allowed by Article15(7) by deleting that provision and introducing a case by case analysis and rationalisation of restrictions; and thirdly, to broadbase and democratise rights by providing for public interestlitigation.
The proposed 17th amendment although published by the government in December 1990, is yet to be put before Parliament for debate. At the 49th session of the Human Rights Commission in 1991, the Sri Lankan government also undertookto establisha Human Rights Commission. The legal draftsman is said to be engaged in drafting legislation at present to set up a Human Rights Commission. It is hoped that the legislation will be presented to Parliament during the course of the year and a Commission established by the end of 1994.
In 1993 Sri Lanka submitted reports to the UN Sub-Commissio on Prewertior Of DiSCrimination and Protection of Minorities (45th session on 11 Aug. 1993). Sri Lanka informed the Sub-Commission that steps were underway to introduce constitutional reforms which would strengthen existing constitutional guarantees of fundamental rights. The statement by the gowemment professed that a Parliamentary select committee comprised of all parties represented in Parliament would be mandated to Take recommendation for constitutional reform.
Sri Lanka has been remiss in its reporting obligations under some of the instruments which it hassigned and ratified. The International Cowenant of Economic SOcial and Cultural Rights requiresbiannual reports. Sri Lanka is yet to submit one. Sri Lanka has neither presented reports under the Convention on the Elimination of AIForms of Racial Discrimination.
17

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SAOA7
Soccer: It's frustration,
2 great game
BiIBL for
LONDON
What is it about football that takes its followers behave so badly? By "football", refer to the sport people of all nations except the United States understand by that name: the one you play with your feet. The game has a century-long history of Wiolence.
Other sports, even the most brutal, do not regularly occasion riots. Other sports do not maintain a global death toll of their Spectators. Asfaras know, no othersport has caused a War - the "Soccer War" between Honduras and El Salvador erupted after a World Cup qualifying match im 1989,
Write as a student of the game's more hysterical manifestations.
TWelweyears ago, Ian American resident in England, was about to board a train that was being systematically taken to bits by fans from Liverpool inside it. Tables, seats, a door, an overhead coat rack, a toiletseat-all were being hurled out, item by item, as panicky British Rail officials called for police reinforcements. An eleTentary instinct of self-preservation prewented me from boarding the train-I took the nextone, on which only half the carriages Were being torn apart.
The violence, of course, is not the preServe of the English alone. In the last 10 years there have been Soccer riots in nearly every country participating in the World Cup.
offer an example from the 1988 European Championship in Germany. The
CCCCLTLCOS CLTLGGLCCLCLuCCCOTuTOuLOHuOu SGLCOCOCLuS is author of Among Wie 777igs" abouthis trawols with British hooligans.
18
Second Week featur ldorf between Engl riands. Both Were, E for their Wiolet follo ction was that there
The prediction tuI Correct, although th tween the English a experience, amiable and big bellies who smiling (perhaps b their team WaS alw between the Englis hosts.
Trouble-Maker
had newer Theta I wanted to. During | Crossed a police li youпg, пап who ha trouble and Was Cl engendering more. years old, Wry and alert. His muscles W. tes. He Wasagile, pr
There were sort around the comer fi his mates intended So preoccupied by didn't notice the as his attention, lactua the shoulder.
The Te Was thern, a his face, an intriguing turned, assumingth that Was not, becarr until, slowly, he rea English speaker. H initially Welcoming, me focused, sharp hatred so intense th to behold — the kirid ted hatred that can terrible things.

hatred, nationalism and
ed a garme in DUSSeand and the Netheand still are, notorious wings, and the predi
Would be trouble.
Tied out to be largely e trouble was not bend the Dutch-in my giants with blond hair seemed always to be ecause, at the time, rays winning) - but had their Geral
Зептпапhooligan, and a lull in a Stall riot, ne and sought out a dCome from causing early on his way to He Was about 20 muscular and very ere taut, like an athleimed for fight or flight.
2 English supporters "OT the German and to surprise. He was this prospect that he approached. To get lly had to tapo him on
Cross the features of g metamorphosis. He at Was a friend, saw epuzzled, confused, lised that I Was an is face, which was Snappedshut, becalike a point, with a at it was exhilarating of pure, uncomplicafree a person to do
He cursed, spat into my face and dropped to the ground to pickupastone that he clearly intended to crush into my forehead. I am not a nationalist, nor am English, and in the circumstances I did what any reasonable person in my position Would hawe done: Iran.
But I remained captivated by that instant, involuntary hatred-the purity of it. How do you learn to hate like that? What images were in his head and where did they come from? What movies or comic books or bits of overheard conversion?
What shaped this view, with the power of an instinct, that to be an Englishman was such a bad thing that it required hurting any person who had the misfortune of being one?
Terrible Scenes
Two years later was in Sardinia for the 1990 World Cup. The occasion Was arother match between England and the Netherlands. Again the prediction was that there would be terrible scenes of trouble. And again there were terrible Scenes of trouble but not between the English and Dutch supporters - who Were still blond, still fat, still insistently armiable (although their team was then usually losing) - but, again, between the English and their hosts, in this case the Italian police.
The police, in trying to contain the English fans, resorted to tear gas, then dogs and eventually guns. The fans chased by hundreds of men in uniform, rampaged through the streets breaking Windows, kicking in car doors, throwing stones, Smashing up shops and, in general, exhibiting thatspecial kind of nationalistic pride with which the English male has SoConsistently distinguished himself in his global trawels.

Page 21
They didn't want Europe; they wanted War. They wanted a nation they could belong to and fight for, even if the fight Was this absurd street theater with local Italian police.
What does any of this have to do with the sport? I still haven't found a gratifying one-line explanation. Maybe it doesn't exist. Instead offer four interrelated obseTWationS.
Satisfies Appetite
Being a supporter of any sport is an act of micro-nationalism. It satisfies an appetite to belong to something - a team, a tribe, a nation-bigger than any of us.
Soccer exaggerates this micronationasm because it is played at an international level more often than other sports.
Because it is organised around the principle of frustration, soccer exaggerates a crowd's behaviour - that quality of frenzy, the essential element in nationalism. American sports – basketfall, football and even baseball - are structured around gratifying the spectator, points are scored with some regularity. Soccer is structured around deprivation; a fan's experience is to wait and wait for a goal Lihat in many matches newer Comes. Frustration, deprivation, denial. They are the essential features of the garne whose greatest moment is when, against all odds, the ball, finally hits the back of the TEL
Fanciful? Maybe. And, as the World Cup organisers hawe often said, the present World Cup is unlikely to be as violent as previous ones, if only because the English, those charming ambassadors of civilised Europe, did not qualify for the
competition.
But also recall when, in the 1990 World Cup, England lost to Germany in the semi-finals. , by then a devoted follower of the game, was devastated, so miseratle that can still recallevery detail of that estible day; the weather, the clothes wore, the food late, the conversations had, including the one with a neighbour
who couldn't underst it also badly - afte I'm not even English.
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and why I had taken it was the only time lever contemplated fall, he pointed out, giving up my passport. And it was all
could do not to bop him one in the nose.
Scholar’s Tale
Part:16
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19

Page 22
OB/7UAAFY
Jan Tinbergen, a father of et
Martin MOf
am Tinbergen, the distinguished
Dutch matheraticial-economist, SOcialist and pacifist, has died at the age of 91. Tinbergen won the first Nobel memorial prize in economics in 1969, jointly with the Norwegian Ragnar Frisch, principally for his seminal Work on the application of statistics to economics. His work in this area, for the League of Nations between 1936 and 1938 and published in 1939, marked the birth of rodet econo Tetrics.
Tinbergen brought three fundamental attributes to his Work in economics and economic policy: his training as a mathematical physicist at Leiden University, his social idealism, and his conviction that a better World could be created by applying reason to the operations of government. Of his intellectual power, personal benevolence and moral rectitude there was never the slightest doubt. But his faith in capacity and benevolence of the state now looks a little naive.
Even econometrics, in whose early development Tinbergen played So great a part, was (and to an extent, still is) controVersial. The first of his two Wolutes for the League of Nations, on fluctuations in investment, was reviewed quite criticallay by the Britishi economist John Maynard Keynes. But Tinbergen had the last laugh. His second volume presented an economy-wide model of business cycles in the US. Models of this kind Were the vehicle through which Keynesian econdmics was subsequently implemented.
Today's economics forecasting industry owes its existence to Tinbergen's pioneering work. But he also mada substantial contributions to the modelling of economic growth and to theories of policy for Tlation, economic development and personal income distribution.
His most important contribution, after that to econometrics, after that to econometrics, was the demonstration that, in general, the achievement of given number of policy objectives requires as Tiany independent policy instruments. This Conclusion was reached in parallel by the British
2O
economist (and No Meade.
Tinbergen was bc April 12, 1903, into of Scholars. One of (Niko), won the Nobl 1973; another bec:
Zoology,
Tinbergen refusec Service in 1927 and almost a year as a and research assista Stics bureau, the CE doctorate in physics hE WEnt back to WOs he started research
COAFAFERSIAPNYOM
Parody an
Thank you for pu (from zeth Hussain, and M.A. Nuhman) i which dealt with my Short Cote O BOSi, ciate the Contrients spondents.
First, I thank Nuh reply and Hussainfo stylein which I havet tle Claracter of the What a Contrast N stating that "aparod may also mean pr equal Space as Hus to TUS8 Or the ML Bosnia, I can explair this sensitive issue.
Secondly, Sarawa tled to his opinion the "does not hold good But he should also of Hindus will disagre the view that many Still baligWe that the Bardararhaike, Armirl sa Ath Lulath Tudali, S Mahes Waran, PadrT

conometrics
bel-laureate) James
orm in the Hague om a remarkable family is brothers, Nikolaas e Prize for biology in ame a professor of
compulsory military Wasset to Work for prison administrator Lntattle Official StatiB.S. After gaining his from Leiden in 1929, k at the CBS, where into economic dyna
mics and statistical modelling of econonies. After leaving the League of Nations, he returned to the Netherlands, staying with the CBS until the end of the Second World War.
Then, he was appointed head of the newly-established Dutch planning and economic advisory body, the CPB. He resigned from the CPB in 1955, to become a full-time professor at the University of Rotterdam (where he had been part-time between 1933 and 1955): In 1973 he moved to the University of Leiden, before retiring in 1975. He served as an adviser to the World Bank, The Organisation for Economic Co-operation and Development, and UNbodies.
DEWICEF
ld Profanity
blishing three letters V.T. Saravапараvan rn the L. Gof June 15, previously published an Muslims. I appremade by your corre
mar] [[]T a C[]UIte[]US ra rude reb)Lutta, The been critiqued reveals ese correspondents. ulla is Correct in yon a sensitive issue fanity." If I'm given sain has been given Islim perspective on my point of view on
napawanis also entiat the theory of kama ira TOder IT CO text'". otforget that millions he with him, also hold Hindus in Sri Lanka fates of S.W.R.D. halingan, PremadaSri Sabaratram, UnThai anabha, Kiddu and
Mahathaya can be explained by the theoгу of Karma The Tamil provert, One Who Sows millet reaps millet; one who sows misery reaps misery" reflect the theory of karma lucidly.
Thirdly, I was overwhelmed by Prof. Izeth Hussain's hidden expertise on psychoanalysis. He extrapolates on what | hawe CONTEteld 3bOL ut hiS , Cart to COnclude "justify the whacking of the Sri Lankan Muslims by the LTTE." I ask why bring LTTE into this debate. Did I utter anything on Sri Lankan Muslims or the LTTE? Hussain delights in setting up phoney targets and crowing about what an expert psychoanalyst he has become. If Hussain is entitled to claim that he wrote the "Muslim perspective on commission from the editor of the LG, don't I have an equal privilege to commenton what read in the pages of the LG?
Lastly, I will try to improwe my skills in Writing parody and in the future will heed Nuhman's suggestion that parody or a sensitive issue may also mean profanity.
Sachi Sri Kanthi Japan.

Page 23
Why there's sc in this rustict
There islaughter and light banter amongst these rural darimsels who ara: 3415 y sorting out tobacco leaf in a barn. It is one of the hundreds of such
barris spread out in the mid and upcountry inter Inediate zone where the arable land Terrains. fallow during the of season.
Here, with Careful Turturing. tobacco grows as a lucrative cash crop and the green leaves turn to gold... to the value of over Rs. 250 Tillion or more annually, for perhaps 13,000 rural folk.
 

t
ENRICHING FRURAL LIFESTYLE
und oflaughter obacco barn.
Tobacco is the industry that brings employment to the second highest number of people, And these PECYFle. Te the toboacCC) barri cywners, the tobacco gTowers and those who work for them, on the land 11d in the barris,
For them, the tobacco leaf means meaningful work, a comfortable life and a secure future. A good enough Teason for laughter.
CeylonTobacco Co. Ltd.
Sharing and caring for our land and her people.

Page 24
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